First Regular Session
Sixty-first General Assembly
LLS NO. 970139.01 JGG
SENATE BILL 97085
STATE OF COLORADO
BY SENATOR Rupert;
also REPRESENTATIVE Clarke.
WELFARE & INSTITUTIONS
A BILL FOR AN ACT
CONCERNING FEMALE GENITAL MUTILATION, AND MAKING
AN APPROPRIATION THEREFOR.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Requires the executive director of the department of public health and environment, or the executive director's designee, to carry out appropriate and culturally sensitive education, prevention, and outreach activities concerning female genital mutilation to inform people about the health risks associated with and the emotional and psychological trauma inflicted by those practices and to inform people and the medical community of the criminal penalties for such actions. Authorizes the executive director to obtain and expend private funds, grants, gifts, or donations for the outreach program. Creates the female genital mutilation fund for such grants, gifts, or donations.
Makes it a crime of child abuse for a person to circumcise,
excise, or infibulate the genitalia of a female child or for the
parent, guardian, or other person legally responsible for a female
child to allow such mutilation of the child's genitalia. Specifies
that consent to such conduct or belief that the conduct is required
as a matter of custom, ritual, or standard practice is not a defense.
Establishes exceptions to such crime if the procedure is necessary
for the health of the child or performed in connection with labor
or the birth of an infant.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 25, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:
2530101. Legislative declaration. THE GENERAL ASSEMBLY DECLARES IT TO BE IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE TO PROTECT THE FEMALE CHILDREN OF THIS STATE FROM THE PHYSICAL AND PSYCHOLOGICAL HARM ASSOCIATED WITH FEMALE GENITAL MUTILATION. THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT, ALTHOUGH THE PRACTICE OF FEMALE GENITAL MUTILATION IS AN ACCEPTED PRACTICE IN CERTAIN CULTURES, PERSONS SHOULD BE MADE AWARE OF THE NATURE AND EXTENT OF THE POTENTIAL LONGTERM PHYSICAL, EMOTIONAL, AND PSYCHOLOGICAL TRAUMA THAT CAN RESULT FROM SUCH CUSTOM. THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE PROTECTION OF THE PUBLIC REQUIRES AN OUTREACH PROGRAM TO EDUCATE THE PUBLIC CONCERNING THE HEALTH RISKS ASSOCIATED WITH FEMALE GENITAL MUTILATION.
2530102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE.
(2) "FEMALE GENITAL MUTILATION" MEANS THE CIRCUMCISION, EXCISION, OR INFIBULATION, IN WHOLE OR IN PART, OF THE LABIA MAJORA, LABIA MINORA, OR CLITORIS OF A FEMALE CHILD.
2530103. Female genital mutilation education and outreach activities female genital mutilation fund. (1) ON OR BEFORE JULY 1, 1998, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, SHALL, SUBJECT TO AVAILABLE MONEYS FROM GRANTS, GIFTS, OR DONATIONS RECEIVED PURSUANT TO THIS SUBSECTION (1), CARRY OUT APPROPRIATE AND CULTURALLY SENSITIVE EDUCATION, PREVENTION, AND OUTREACH ACTIVITIES CONCERNING FEMALE GENITAL MUTILATION TO INFORM PEOPLE ABOUT THE HEALTH RISKS ASSOCIATED WITH AND THE EMOTIONAL AND PSYCHOLOGICAL TRAUMA INFLICTED BY THOSE PRACTICES AND TO INFORM PEOPLE AND THE MEDICAL COMMUNITY OF THE CRIMINAL PENALTIES FOR SUCH ACTIONS AS SET FORTH IN SECTION 186401, C.R.S. THE EXECUTIVE DIRECTOR, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, SHALL WORK WITH COMMUNITYBASED GROUPS TO OBTAIN PRIVATE FUNDS, GRANTS, GIFTS, OR DONATIONS TO FINANCE THESE PREVENTION AND OUTREACH ACTIVITIES. NO GENERAL FUND MONEYS SHALL BE APPROPRIATED TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE IMPLEMENTATION OF THIS SECTION.
(2) (a) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IS AUTHORIZED TO ACCEPT ON BEHALF OF THE STATE ANY FUNDS, GRANTS, GIFTS, OR DONATIONS FROM ANY PRIVATE OR PUBLIC SOURCE FOR THE PURPOSE OF IMPLEMENTING THIS ARTICLE; EXCEPT THAT NO GRANT OR DONATION SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED TO THE GRANT OR DONATION REQUIRE THE EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW.
(b) ALL PRIVATE AND PUBLIC FUNDS RECEIVED THROUGH GRANTS, GIFTS, OR DONATIONS FOR FEMALE GENITAL MUTILATION EDUCATIONAL AND OUTREACH ACTIVITIES SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE FEMALE GENITAL MUTILATION FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE FEMALE GENITAL MUTILATION FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS ARTICLE. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MAY EXPEND MONEYS APPROPRIATED TO THE DEPARTMENT FROM THE FUND FOR PURPOSES OF IMPLEMENTING AND ADMINISTERING EDUCATIONAL AND OUTREACH PROGRAMS CONCERNING FEMALE GENITAL MUTILATION. ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.
SECTION 2. 186401 (1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
186401. Child abuse.
(1) (a) A person commits child abuse if such person
causes an injury to a child's life or health, or permits a child
to be unreasonably placed in a situation
THAT poses a threat of injury to the child's life or health, or
engages in a continued pattern of conduct which
THAT results in malnourishment, lack of proper medical care, cruel
punishment, mistreatment, or an accumulation of injuries which
THAT ultimately results in the death of a child or serious bodily
injury to a child.
(b) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (b), A PERSON COMMITS CHILD ABUSE IF SUCH PERSON CIRCUMCISES, EXCISES, OR INFIBULATES, IN WHOLE OR IN PART, THE LABIA MAJORA, LABIA MINORA, OR CLITORIS OF A FEMALE CHILD. A PARENT, GUARDIAN, OR OTHER PERSON LEGALLY RESPONSIBLE FOR A FEMALE CHILD OR CHARGED WITH THE CARE OR CUSTODY OF A FEMALE CHILD COMMITS CHILD ABUSE IF HE OR SHE ALLOWS THE CIRCUMCISION, EXCISION, OR INFIBULATION, IN WHOLE OR IN PART, OF SUCH CHILD'S LABIA MAJORA, LABIA MINORA, OR CLITORIS.
(II) BELIEF THAT THE CONDUCT DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IS REQUIRED AS A MATTER OF CUSTOM, RITUAL, STANDARD PRACTICE, OR CONSENT TO THE CONDUCT BY THE CHILD ON WHOM IT IS PERFORMED OR BY THE CHILD'S PARENT OR LEGAL GUARDIAN SHALL NOT BE A DEFENSE TO A CHARGE OF CHILD ABUSE UNDER THIS PARAGRAPH (b).
(III) A SURGICAL PROCEDURE THAT RESULTS IN FEMALE GENITAL MUTILATION IS NOT A CRIME PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IF THE PROCEDURE:
(A) IS NECESSARY TO PRESERVE THE HEALTH OF THE CHILD ON WHOM IT IS PERFORMED AND IS PERFORMED BY A MEDICAL PHYSICIAN LICENSED TO PRACTICE MEDICINE UNDER ARTICLE 36 OF TITLE 12, C.R.S.; OR
(B) IS PERFORMED ON A CHILD WHO IS IN LABOR OR WHO HAS JUST GIVEN BIRTH AND IS PERFORMED FOR MEDICAL PURPOSES CONNECTED WITH THAT LABOR OR BIRTH BY A MEDICAL PHYSICIAN LICENSED TO PRACTICE MEDICINE UNDER ARTICLE 36 OF TITLE 12, C.R.S.
SECTION 3. Exception to the requirements of section 22703, Colorado Revised Statutes. The general assembly hereby finds that the amendments to section 186401, Colorado Revised Statutes, enacted in this act will result in the minor fiscal impact of one additional offender being convicted and sentenced to the department of corrections during the five years following passage of the act. Because of the relative insignificance of this degree of fiscal impact, this amendment constitutes an exception to the fiveyear appropriation requirement specified in section 22703, Colorado Revised Statutes.
SECTION 4. No appropriation. The general assembly has determined that section 1 of this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of section 1 of this act.
SECTION 5. Effective date applicability. This act shall take effect upon passage and shall apply to offenses committed on or after said date.
SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.